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GILLILAND v. STRIKEAXE

No. 39072.

366 P.2d 419 (1961)

Olivia Rose GILLILAND, Nancy Leona Gilliland Reber, Freda Helen Gilliland Moore, George Chester Gilliland, Naomi Wolfe Myers, and Virginia Rose Wolfe, Plaintiffs in Error, v. Nancy STRIKEAXE, Donald George Strikeaxe, William Alexander Eads and Paul A. Comstrock, Defendants in Error.

Supreme Court of Oklahoma.

November 7, 1961.

Attorney(s) appearing for the Case

Wm. S. Hamilton, L.M. Colville, Pawhuska, Paul W. Brightmire, Tulsa, Gene Lary, Dallas Tex., for plaintiffs in error.

Gray & Palmer, by Charles R. Gray, Paul A. Comstock, Pawhuska, Houston, Klein & Davidson, by Gerald B. Klein and Garland Keeling, Tulsa, for defendants in error.

JOHNSON, Justice.

Kenneth Strikeaxe, a full-blood Osage Indian, died testate leaving a will dated December 14, 1953, whereby he attempted to leave a substantial portion of his estate to nonrelatives, thus depriving his wife and adopted child of such property. It is undisputed that all of the estate of deceased was restricted Osage Indian property owned by him and subject to being willed. This December will contained in the first paragraph thereof the phrase "hereby...

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